Settlement Memorandum Sent

Settlement status

The feeling I am getting, we are not going to settle. The battle moves on. The govt. has indicated they want to ask for 30 days to answer the class action. I have told them I oppose it.


I have also asked them to straighten out the problem of interim EAD's or we will file another motion in court for interim relief. Why should I have to wait after 90 days of EAD application pendency. Suboffices like Arlington are giving appointments after several weeks. What is the use of the interim EAD then?

Stand ready. I might need affidavits from people who have suffered from delays in interim EAD issuance. In the meantime, if you can start a spreadsheet of delays in suboffices, that would help us.
 
Re: .

Originally posted by timaeuti
Rajiv,

While admiring your efforts, I cannot help wondering what will happen if we win the law suit. If the judge orders them to adjust our cases, will they do it, and if they will, then how soon? What happened in the case they lost against the asylees, when the judge issued such an order? Did they comply?
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Hard to say. We ceratinly hope the Judhe will oder and CIS will follow. Not obeying court orders is serious.
 
This is important

Originally posted by karns
We also can include incidents like this (LICENSE SUSPENSION if I-485/I-140 is pending)

http://boards.immigrationportal.com/showthread.php?s=&threadid=118145)
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By now it is almost certain we will not get a settlement. The govt feels eventually they will able to "disappear" the backlog.


I might have to get aggressive. Let me give it some thought. I will update you all.
 
Cinta, help me out here

Give me a list of all the questions we would like to ask the government.

I should be able to make them answer as long as they do not relate to some national security matter.
 
We need to be a bit more organized

1. The questions should be drafted in a manner that permits exact response from CIS. For instance, there is no way to answer the question “What is going on?”

The question should be: “Please provide an explanation for the backlogs in the I-485 processing, listing specifically, the problems and the anticipated solutions. Also provide data on the backlogs in each Service Center and adjudicating suboffices”


2. Also, break down the questions by category:
For example:
General Processing Issues
EAD Issues
Advance Parole Issues
Fingerprinting Issues
AC21 Issues
Miscellaneous


Do the best you can. Once we have a preliminary draft, we can start circulating it around. That done, we can run it by the govt.
 
The govt said - no

Here is the email I have just received from the govt. counsel:

"The agency has reported back to me, and has informed me that it is unable to enter into a settlement agreement with the plaintiffs at this time. They believe that many of the requests set forth in your proposed settlement agreement and the Complaint are being addressed as a result of steps that were taken prior to this litigation (i.e. proposed EAD reg, and allocation of more agency funds to adjudicate applications in the future, and other initiatives). As to point 4 in plaintiffs' proposed settlement agreement, the agency is barred by statute and regulation from agreeing to that point."
 
Re: The govt said - no

Originally posted by operations
Here is the email I have just received from the govt. counsel:

"The agency has reported back to me, and has informed me that it is unable to enter into a settlement agreement with the plaintiffs at this time. They believe that many of the requests set forth in your proposed settlement agreement and the Complaint are being addressed as a result of steps that were taken prior to this litigation (i.e. proposed EAD reg, and allocation of more agency funds to adjudicate applications in the future, and other initiatives). As to point 4 in plaintiffs' proposed settlement agreement, the agency is barred by statute and regulation from agreeing to that point."
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My response:
"The govt. is wrong in that they are barred by statute. But that argument is really academic at this point. We shall see what the court says. Regards."
 
Re: Re: Re: The govt said - no

Originally posted by gambler
Rajiv,
I need to know what is the basis to expedite a pending I-485 case . I believe our answer to the statute may be there.
TIA
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Extraordinary circumstances.

My gut feel is that they do not want to settle. They think if they drag it long enough, we will wear out or they would have made enough changes to answer the court suitably.

By the way, the govt. lawyers were threatening to take depositions (sworn statements/interrogation - in my presence of course) of all plaintiffs. I said sure, I have been dying to depose Bush and Ridge myself. :) They thought that was funny. I don't. If they start a round of depositions, so will we. That is partly why I was asking Cinta nd you all for a list of questions. Good to be prepared months ahead.
 
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